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Border Security, Asylum and Immigration Bill 2024-25

The Border Security, Asylum and Immigration Bill was introduced in the House of Commons on 30 January 2025. Second reading, when MPs debate the purpose of the bill, is scheduled for 10 February 2025.

This briefing focuses on the main provisions of the bill and its most significant clauses. The bill’s explanatory notes give further detail on other clauses. These and other accompanying documents, including an impact assessment, are available from the bill’s page on parliament.uk.

Most provisions of the bill cover the entire UK.

The bill reflects concerns about criminal facilitation of unauthorised migration

The government considers the facilitation of unauthorised immigration to be a form of serious organised crime. The Home Office says that organised immigration crime is increasing in size and complexity.

The most visible form of organised immigration crime is facilitation of asylum seekers arriving by small boat. From 2018 to 2024, over 150,000 people arrived in the UK in this way. At least 138 people have died in the attempt.

Various characteristics of organised immigration crime make it difficult for law enforcement agencies to combat. These include its transnational element: the National Crime Agency has briefed that most of the gangs involved in arranging small boat crossings are based elsewhere in Europe.

The government wants to see a “step-change” in the scale of the UK’s law enforcement response to border security threats.

Law enforcement agencies would get new powers to tackle organised crime

The bill primarily relates to law enforcement. It would expand the powers and capabilities of the police and other agencies, in relation to both immigration offences specifically and serious crime more generally.

These changes include new criminal offences of supplying or handling almost any item to be used in connection with illegal immigration, and of collecting information to be used for arranging an unauthorised journey to the UK. These ‘precursor’ offences are inspired by sections 57 and 58 of the Terrorism Act 2000.

There would also be a new offence of endangering another person during an illegal crossing in the English Channel. The government says it wants to discourage dangerous behaviour, like refusing assistance when a person aboard is hurt, but migrants’ rights groups have criticised the new offence for criminalising migrants rather than people smugglers.

Immigration officers and police would get new powers to seize unauthorised migrants’ mobile phones or other electronic devices if they suspect they contain information about organised immigration crime. They would also get easier access to HMRC customs data to help build up intelligence.

The Border Security Commander would coordinate the overall response

The bill would make the post of Border Security Commander a statutory role. It does not articulate detailed functions for the role but does assign it certain duties. These include to “have regard” to the coordination of cross-government activity on border security and to set strategic priorities after consulting with a board made up of partner agencies.

The Labour government has already appointed a Border Security Commander: Martin Hewitt’s appointment was announced in September 2024. The Conservative opposition have queried the extent to which this role is different from past efforts to streamline government work in this area.

The bill would also repeal most of the Illegal Migration Act 2023, which reflects the Conservative Party’s approach to unauthorised migration.

Reaction to the bill has been muted so far

The National Crime Agency has said the bill will be helpful but, at the time of writing, detailed commentary from other stakeholders has been limited. Most of the media coverage has focused on the new criminal offences.

More generally, some people have suggested the government’s approach is too narrowly focused on law enforcement at the expense of measures which could reduce demand for people smuggling, such as expanding legal immigration pathways or securing a returns agreement with France or the EU.